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EX PARTE STALLWORTH

1020941.

868 So.2d 1189 (2003)

Ex parte Calvin STALLWORTH. (In re Calvin Stallworth v. State of Alabama).

Supreme Court of Alabama.

June 27, 2003.

Attorney(s) appearing for the Case

Bryan A. Stevenson and Cathleen I. Price of Equal Justice Initiative of Alabama, Montgomery, for petitioner.

William H. Pryor, Jr., atty. gen., Nathan A. Forrester, deputy atty. gen., and Henry M. Johnson, asst. atty. gen., for respondent.

Prior report: Ala.Cr.App., 868 So.2d 1128.

STUART, Justice.

WRIT DENIED.

MOORE, C.J., and HOUSTON, SEE, LYONS, BROWN, HARWOOD, and WOODALL, JJ., concur.

JOHNSTONE, J., dissents.

JOHNSTONE, Justice (dissenting).

In my opinion, we should grant the petition on the single issue, a question of first impression, of whether a single prior conviction for assault in the third degree can negate the...

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